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STATE v. McMILLIAN

No. 30474.

349 S.W.2d 453 (1961)

STATE of Missouri at the Relation of Oral H. McCUBBIN, Administrator of the Estate of Edward Pace, Deceased, and Houston Fire & Casualty Company, a corporation, Relators, v. Hon. Theodore McMILLIAN and Hon. Franklin Reagan, Judges of the Circuit Court of the City of St. Louis, Missouri, Respondents.

St. Louis Court of Appeals, Missouri.

Motion for Rehearing or to Transfer Denied and Opinion Modified on Motion October 17, 1961.

Attorney(s) appearing for the Case

Harry M. James, Wilbur C. Schwartz, Joseph Nessenfeld, Schwartz, James & Sweet, St. Louis, for relators.

Moser, Marsalek, Carpenter, Cleary, Jaeckel & Hamilton, John S. Marsalek, St. Louis, for respondents.

Motion for Rehearing or to Transfer to Supreme Court Denied and Opinion Modified on Court's Own Motion October 17, 1961.

BRADY, Commissioner.

This is an original proceeding in prohibition wherein a writ is prayed for prohibiting respondents from exercising jurisdiction over the persons of relators and from hearing and ajudicating a cross-claim filed in an action pending in the Circuit Court of the City of St. Louis. The function of the petition for the writ...

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